[2021] KEHC 1117 (KLR)
The court, after evaluating the entirety of the prosecution's evidence, found that a prima facie case had been established against the accused for the offence of murder. Consequently, the accused was found to have a case to answer under section 306 of the Criminal Procedure Code, necessitating that she be put on her...
Source-derived case information.
- Citation
- [2021] KEHC 1117 (KLR)
- Parties
- Applicant: Republic; Defendant: Susan Knight Kubai
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 28 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code
- Outcome
- Accused found to have a case to answer and put on her defence.
- Legal Topics
- Murder, Case to Answer, Criminal Procedure Code Section 306, Penal Code Section 203, Penal Code Section 204
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Susan Knight Kubai
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer Under Section 306 of the Criminal Procedure Code
Legal Issues
- 1 Whether the accused has a case to answer for the offence of murder under section 306 of the Criminal Procedure Code.
Ratio Decidendi
The court, after evaluating the entirety of the prosecution's evidence, found that a prima facie case had been established against the accused for the offence of murder. Consequently, the accused was found to have a case to answer under section 306 of the Criminal Procedure Code, necessitating that she be put on her defence.
Court Disposition
Accused found to have a case to answer and put on her defence.
Orders
- The accused is hereby put on her defence in accordance with section 306 of the Criminal Procedure Code.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CRIMINAL CASE NO 28 OF 2016
REPUBLIC ......................PROSECUTOR
VERSUS
SUSAN KNIGHT KUBAI.......ACCUSED
RULING
The issue before is whether the accused has a case to answer in terms of section 306 of the Criminal Procedure Code (Cap 75) Laws of Kenya in respect of the offence of murder contrary to section 203 as read with section 204 of the Penal Code (Cap 63) Laws of Kenya.
I have considered the entire evidence of all the prosecution witnesses in the light of the applicable law.
I find that the accused has a case to answer in terms of section 306 of the Criminal Procedure Code.
In the circumstances, I hereby put the accused on her defence.
RULING SIGNED, DATED AND DELIVERED IN OPEN COURT AT NAIROBI THIS 15TH DAY OF DECEMBER, 2021
J M BWONWONG’A
JUDGE
In the presence of-
Mr. Kinyua court assistant
Mr. Naulikha for the State
Mr. Mutitu for the Accused